Selvam M Vs The Tahsildar — Writ and Judicial Review | Madras HC (2026)

Selvam M Vs The Tahsildar — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: respondents 1 and 2 to issue notice to respondents 4 to 6 and any other party deemed fit, consider objections, and conduct survey and demarcation of the petitioner's property on merits and in accordance with law within 12 weeks from receipt of a copy of the order; respondent 3 to render police assistance upon request; no costs.

Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 and 2 (Tahsildar and Head Surveyor, Valapady Taluk) to survey the petitioner's property in survey number 352/3 (0.97.00 Ares, Patta No. 301), Thirumanur village, and fix its boundaries per Sale Deed Nos. 86/2001 and 1098/2012, with police protection from respondent 3.

Court's answer

No prejudice will be caused to respondents 1 and 2 if the petitioner's representation dated 24.11.2025 is considered on merits and in accordance with law, after hearing objections from respondents 4 to 6 and any other party whom respondents 1 and 2 deem fit to enquire.

Ratio / Principle

Since no adverse orders are passed against respondents 4 to 6, notice to them in the writ petition is dispensed with.

Key takeaways

Direction (a): Before surveying the land in question, respondents 1 and 2 are directed to issue notice to respondents 4 to 6, and also to any other party whom they deem fit to enquire.ratio¶37
Direction (b): After receiving objections, if any, and after considering the same, respondents 1 and 2 shall conduct survey and demarcate the boundaries of the property described in the prayer, on merits and in accordance with law, within 12 weeks from the date of receipt of a copy of the order.ratio¶39
Direction (c): If any need arises, respondents 1 and 2 are permitted to submit a petition for police assistance, and upon receipt of such request the third respondent (Inspector of Police, Valapady Police Station) shall render necessary police assistance for conducting the survey and demarcation of the subject property.

Detailed headnote1 paragraphs

Madras High Court (Abdul Quddhose, J., 27-01-2026) disposed of WP No. 1657 of 2026 filed by Selvam M under Article 226 of the Constitution seeking a writ of mandamus to direct the Tahsildar and Head Surveyor, Valapady Taluk, Salem District, to survey and demarcate his property in S.No. 352/3 (0.97.00 Ares, Patta No. 301), Thirumanur village, and fix its boundaries per Sale Deed Nos. 86/2001 and 1098/2012, with police protection from the Inspector of Police, Valapady Police Station. The petitioner's representation dated 24.11.2025 for survey and demarcation had not been considered. The Court held that considering the representation on merits and in accordance with law would cause no prejudice to respondents 1 and 2, dispensed with notice to private respondents 4 to 6 (Kannan, Natarajan, Saleth Mary) since no adverse orders were passed against them, and directed: (a) notice to respondents 4 to 6 and any other party deemed fit before survey; (b) survey and boundary demarcation on merits in accordance with law within 12 weeks from receipt of a copy of the order; and (c) police assistance by respondent 3 upon a request from respondents 1 and 2. No costs.